Cour européenne des droits de l’Homme
23 mars 2016
Facts
The applicant was a twelve-year-old boy suffering from attention-deficit hyperactivity disorder (ADHD). He was arrested on suspicion of extorting money from a nine-year old. The authorities found it established that the applicant had committed offences punishable under the Criminal Code but, since he was below the statutory age of criminal responsibility, no criminal proceedings were opened against him. Instead, he was placed in a temporary detention centre for juvenile offenders for a period of thirty days to “correct his behaviour” and to prevent him from committing further acts of delinquency.
Complaint
The applicant alleged that his health deteriorated while in the centre as he did not receive the medical treatment his doctor had prescribed. He invoked Article 3 of the Convention.
Court’s ruling
The Court relied on international law and stated that authorities should always be guided by the child’s best interests and that the child should be guaranteed proper care and protection. The Court added that a medical assessment of the child should always be carried out before depriving the child of his/her liberty in order to determine if such deprivation is possible. In the present case, the Court noted that the authorities knew that the applicant was suffering from ADHD before placing him in the detention centre. However, the authorities did not provide medical care to the applicant while he was in detention. Moreover, the fact that he was hospitalised the day after his release and kept in the psychiatric hospital for almost three weeks indicated that he was not given the necessary treatment for his condition. The Court concluded that there had been a violation of Article 3 of the Convention on account of the lack of necessary medical treatment at the temporary detention centre, having regard to his young age and particularly vulnerable situation as an ADHD sufferer.